Question

X went to Y’s house and forgot his bag which contained 1 kg sweets. Y’s children consumed the sweets. Decide the liability of Y.

Options

• Y is bound to pay the price of sweets to X

• Y is not bound to pay anything

• Y is bound to pay half the price of sweets.

• Y would not have to pay anything because X loves Y’s children.

Answer 1

Y is bound to pay the price of sweets to X

Explanation:

The three ingredients to support the cause of action  under Section 70 of the Indian Contract Act are these:  First, the goods to be delivered lawfully or anything  has to be done for another person lawfully.  
Second, the thing done or the goods delivered is so  done or delivered "not intending to do so gratuitously."  Third, the person to whom the goods are delivered  "enjoys the benefit thereof."  
It is only when the three ingredients are pleaded in the plaint that a cause of action is constituted under  Section 70 of the Indian Contract Act. If any plaintiff pleads the three ingredients and proves the three features the defendant is then bound to make compensation in respect of or to restore the things so  done or delivered so, legally Y is liable to pay the price of sweets to X.  Hence "Y is bound to pay the price of sweets to X" is correct. However socially X should  not claim the prize of sweets consumed by the kids.